5 Things You Must Know Before Filing for Divorce in California

Before you file a single form, here are 5 critical things every Californian should understand about the divorce process.

1. California Is a No-Fault, Community Property State

This means two important things:

No-fault: You don’t need to prove your spouse did anything wrong. “Irreconcilable differences” is sufficient. It doesn’t matter who cheated, who left, or who’s “at fault.”

Community property: Everything acquired during the marriage — income, property, debts — is presumed to be owned equally by both spouses and split 50/50. This includes: – Both spouses’ paychecks (even if only one worked) – The house (even if only one name is on the title) – Retirement contributions made during the marriage – Credit card debt (even if only one spouse’s name is on the card)

Why it matters: Don’t assume you’ll “get everything” because your spouse was the one who caused the marriage to fail. California courts divide property based on ownership, not fault.

2. There’s a 6-Month Mandatory Waiting Period

No matter how simple your divorce, it takes a minimum of 6 months and 1 day from the date your spouse is served. This is non-negotiable — California Family Code § 2339.

What to do with the time: Use the waiting period productively. Complete all paperwork, exchange financial disclosures, sign your marital settlement agreement, and submit your judgment package to the court. That way your divorce finalizes as soon as the waiting period expires.

3. You Have Options Beyond Hiring a Lawyer

Most people assume they need an attorney. Here are your actual options:

Option	Cost	Best For
DIY (self-file)	$870+	Very simple cases, legal knowledge
Document preparation	$1,500–$2,000 total	Uncontested divorces (most common choice)
Mediation	$3,500–$10,000	Near-agreement with a few sticking points
Attorney	$5,000–$50,000+	Contested cases, complex situations

If your divorce is uncontested, professional document preparation gives you expert-prepared paperwork at a fraction of attorney cost. Superior Court Docs starts at $599.

4. Children Change Everything

If you have minor children, your divorce must address: – Legal custody — Who makes major decisions – Physical custody — Where the children live – Visitation schedule — Including holidays and vacations – Child support — Calculated using California’s guideline formula (non-negotiable) – Health insurance — Who provides coverage

The court’s priority is the best interest of the child — not what either parent wants. Judges have wide discretion on custody matters.

Important: Before your divorce is finalized, both parents must attend a mandatory child custody mediation session through Family Court Services if custody is contested.

5. Financial Disclosures Are Not Optional

Both spouses must exchange complete financial disclosures — no exceptions, even in an uncontested divorce: – FL-140 (Declaration of Disclosure) – FL-142 (Schedule of Assets and Debts) – FL-150 (Income and Expense Declaration)

Failure to complete disclosures is the #2 reason divorces stall (after paperwork errors). Get them done early.

Bonus: What to Do Before You File

📋 Gather financial documents (tax returns, pay stubs, bank statements, mortgage statements)
📋 Make copies of important documents (in case access is restricted later)
📋 Open an individual bank account if you don’t have one
📋 Know your credit (pull a credit report to see all joint debts)
📋 Understand your spouse’s income (you’ll need this for financial disclosures)
📋 Consider your living situation post-divorce

Ready to File?

Superior Court Docs prepares your complete divorce document package — petition through judgment — starting at $599. We handle the paperwork so you can focus on what matters.

📞 Call (213) 973-7248 or get started today.